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Is 15+1 capacity "Chicago legal"?


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#1 Illini2A312

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Posted 18 July 2018 - 07:20 AM

I'm potentially interested in buying a handgun that has 15rd mag + 1 in chamber. Will the "+1" affect being able to keep it within city limits (since I've heard Chicago has 15rd mag limit)? Should I try to get a 10rd mag instead?

#2 InterestedBystander

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Posted 18 July 2018 - 07:43 AM

Not getting into state preemption vs Chicago legal ability to place restrictions. Here is the code:

http://library.amleg...al:chicago_il_m


8-20-085 High capacity magazines and certain tubular magazine extensions Sale and possession prohibited Exceptions.

(a) It is unlawful for any person to carry, possess, sell, offer or display for sale, or otherwise transfer any high capacity magazine or tubular magazine extension for a shotgun. This section shall not apply to corrections officers, members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers, to the extent that any such person is otherwise authorized to acquire or possess a high capacity magazine or tubular magazine extension for a shotgun, and is acting within the scope of his duties, or to any person while in the manufacturing, transportation or sale of high capacity magazines or tubular magazine extension for a shotgun to people authorized to possess them under this section.

(B) Any high capacity magazine or tubular magazine extension for a shotgun carried, possessed, displayed, sold or otherwise transferred in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city.

High capacity magazine means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of more than 15 rounds of ammunition. A high capacity magazine does not include an attached tubular device to accept, and capable of operating only with, .22 caliber rimfire ammunition.

Edited by InterestedBystander, 18 July 2018 - 08:17 AM.

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#3 BigJim

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Posted 18 July 2018 - 08:11 AM

The law says magazine cannot hold over 15 rounds, not magazine plus gun cannot hold over 15 rounds.  Your magazine holds 15 rounds.  Since the mag does not hold over 15 rounds it's  legal.

 

But I'm not a lawyer.


Edited by BigJim, 18 July 2018 - 08:11 AM.

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#4 soundguy

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Posted 18 July 2018 - 09:58 AM

I say it's legal by Chicago ordinance.

I believe anything larger is also legal via state preemption, at least for anyone with a CCL.


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#5 WitchDoctor

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Posted 18 July 2018 - 10:33 AM

Chicago 15

Kook County 10

 

Go figure...


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#6 RevWildman

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Posted 18 July 2018 - 10:37 AM

Not getting into state preemption vs Chicago legal ability to place restrictions. Here is the code:

http://library.amleg...al:chicago_il_m


8-20-085 High capacity magazines and certain tubular magazine extensions Sale and possession prohibited Exceptions.

(a) It is unlawful for any person to carry, possess, sell, offer or display for sale, or otherwise transfer any high capacity magazine or tubular magazine extension for a shotgun. This section shall not apply to corrections officers, members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers, to the extent that any such person is otherwise authorized to acquire or possess a high capacity magazine or tubular magazine extension for a shotgun, and is acting within the scope of his duties, or to any person while in the manufacturing, transportation or sale of high capacity magazines or tubular magazine extension for a shotgun to people authorized to possess them under this section.

( :cool: Any high capacity magazine or tubular magazine extension for a shotgun carried, possessed, displayed, sold or otherwise transferred in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city.

High capacity magazine means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of more than 15 rounds of ammunition. A high capacity magazine does not include an attached tubular device to accept, and capable of operating only with, .22 caliber rimfire ammunition.

The operative word in this is "shotgun".


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#7 InterestedBystander

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Posted 18 July 2018 - 11:12 AM

The operative word in this is "shotgun".

any

(1) high capacity magazine
or
(2) tubular magazine extension for a shotgun

Edited by InterestedBystander, 18 July 2018 - 11:13 AM.

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#8 Illini2A312

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Posted 18 July 2018 - 11:31 AM

The law says magazine cannot hold over 15 rounds, not magazine plus gun cannot hold over 15 rounds.  Your magazine holds 15 rounds.  Since the mag does not hold over 15 rounds it's  legal.
 
But I'm not a lawyer.


Thanks, I think this is what I was looking for.

I say it's legal by Chicago ordinance.
I believe anything larger is also legal via state preemption, at least for anyone with a CCL.


I have a FOID but no CCL yet, looking to buy something to possibly qualify with in the future though (currently looking at S&W M&P compacts).

Also (don't know if this is off-topic), but is it likely we'll see these limits go down statewide if governorship changes for the worse/should I consider this in my purchase decision?

#9 Raw Power

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Posted 18 July 2018 - 11:32 AM

  (430 ILCS 66/90)
    Sec. 90. Preemption. The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 98-63, eff. 7-9-13.)]

 

http://www.ilga.gov/....asp?ActID=3497


Edited by Raw Power, 18 July 2018 - 11:33 AM.


#10 soylentgreen

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Posted 18 July 2018 - 02:53 PM

I noticed there's no restrictions on belt-fed weapons. That may be the best way to get the capacity you need.



#11 Tolak

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Posted 18 July 2018 - 04:05 PM

Has anyone who has a CCL ever been charged with carrying a sidearm that is a couple above the silly Chicago limit?  Some people overthink things. 



#12 InterestedBystander

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Posted 18 July 2018 - 04:15 PM

Has anyone who has a CCL ever been charged with carrying a sidearm that is a couple above the silly Chicago limit?  Some people overthink things.

I don't recall that they had a CCL, but the couple of cases I recall reading about a charge, those were add-ons and the person was already involved with the police for more serious issues.

Edited by InterestedBystander, 18 July 2018 - 04:15 PM.

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#13 aka

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Posted 22 July 2018 - 11:14 AM

I noticed there's no restrictions on belt-fed weapons. That may be the best way to get the capacity you need.

LOL  that is a good one. I could convert my Glock 43 to feed off my belt :-)


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#14 Maxim

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Posted 01 August 2018 - 02:58 AM

From experience, I’ve been pulled over in Chicago carrying 15+1 and it was not an issue with the officers. And yes they knew it was 15+1 as they temporarily took possession of my firearm during the stop.

#15 chicagoresident

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Posted 01 August 2018 - 10:44 AM

I noticed there's no restrictions on belt-fed weapons. That may be the best way to get the capacity you need.

Ha, nice try

Assault weapon” means any of the following, regardless of the caliber of ammunition accepted:
All belt-fed semiautomatic firearms, including TNW M2HB



#16 cola490

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Posted 01 August 2018 - 03:48 PM

From experience, I’ve been pulled over in Chicago carrying 15+1 and it was not an issue with the officers. And yes they knew it was 15+1 as they temporarily took possession of my firearm during the stop.


Could you describe how the officers took possession of your firearm?

#17 SiliconSorcerer

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Posted 04 August 2018 - 09:57 AM

 

I noticed there's no restrictions on belt-fed weapons. That may be the best way to get the capacity you need.

Ha, nice try

Assault weapon” means any of the following, regardless of the caliber of ammunition accepted:
All belt-fed semiautomatic firearms, including TNW M2HB

 

 

I used to have a belt fed 22 handgun I didn't realize it was an assault weapon when I sold it, didn't even require a FFL it was antique ;) 


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#18 Mal2531

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Posted 11 August 2018 - 11:44 AM

I live in Prospect Hieghts and grabagun had this great deal on M&P automatics So I orded the M&P9 2.0 compact for 399.00 and 7.99 shipping as its the same size as the glock 19 that many uise as a carry gun they told me as I live in cook county they could either #1 ship the weapon to my ffl without magazines or #2 cancel my sales and refund my credit card So I went with the refund and instead ordered the full size M&P 2.0 that they had with a ten round magazines for the same price So far so good . I want something to take to the range anyhow but I suspect the full-size might not be able to conceal carry but well see when it ships .



#19 GWBH

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Posted 11 August 2018 - 02:49 PM

 

Not getting into state preemption vs Chicago legal ability to place restrictions. Here is the code:

http://library.amleg...al:chicago_il_m


8-20-085 High capacity magazines and certain tubular magazine extensions Sale and possession prohibited Exceptions.

(a) It is unlawful for any person to carry, possess, sell, offer or display for sale, or otherwise transfer any high capacity magazine or tubular magazine extension for a shotgun. This section shall not apply to corrections officers, members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers, to the extent that any such person is otherwise authorized to acquire or possess a high capacity magazine or tubular magazine extension for a shotgun, and is acting within the scope of his duties, or to any person while in the manufacturing, transportation or sale of high capacity magazines or tubular magazine extension for a shotgun to people authorized to possess them under this section.

( :cool: Any high capacity magazine or tubular magazine extension for a shotgun carried, possessed, displayed, sold or otherwise transferred in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city.

High capacity magazine means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of more than 15 rounds of ammunition. A high capacity magazine does not include an attached tubular device to accept, and capable of operating only with, .22 caliber rimfire ammunition.

The operative word in this is "shotgun".

 

That's a good point...

Just claim you're a member of the "organized militia"...


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#20 WitchDoctor

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Posted 11 August 2018 - 09:57 PM

15.


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